Case law

Juda v. United States

6 Cl. Ct. 441 · United States Court of Claims · Oct 5, 1984

Sovereign Immunity Defendant’s motion to dismiss makes a broadside attack on grounds that sovereign immunity has not been waived on the implied-in-fact contract alleged in plaintiffs’ third cause of action. … Plaintiffs’ claims clearly do not grow out of, depend upon, or have their foundation in some treaty stipulation. See United States v.

Novell, Inc. v. United States

46 Fed. Cl. 601 · United States Court of Federal Claims · May 8, 2000

Although jurisdiction may be broadened through legislation, the “waiver of immunity and the creation of jurisdiction must be qualified by any conditions that Congress has placed on them.” … Only through an express waiver of sovereign immunity will the Government be subject to claims against it. See United States v.

Contreras v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 10, 2015

Whitton about the immune system and how long the immune system requires to generate a response that could lead to transverse myelitis. In support of his opinion, Dr. … A methodology of relying upon the work from a set of extremely well-qualified experts is sound. Mr.

Estate of Braude v. United States

35 Fed. Cl. 99 · United States Court of Federal Claims · Mar 7, 1996

Defendant then concedes that if plaintiff has established blacklisting under this definition, plaintiff has established an “equitable claim” on either of two alternative grounds. … Plaintiff has not established that a termination pursuant to P.L. 207 would itself be stigmatizing.

Beauchamp v. United States

6 Cl. Ct. 400 · United States Court of Claims · Oct 5, 1984

Therefore, it is not sufficient to argue, in attempting to establish jurisdiction, that the alleged tortious conduct is related in some general sense to the contractual relationship between the parties. … These alleged acts clearly establish a definite connection between the alleged tor-tious conduct and the contractual obligation^) owed to Mr. Beauchamp by defendant.

Wickliffe v. United States

102 Fed. Cl. 102 · United States Court of Federal Claims · Dec 20, 2011

A waiver of immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969). … The Court Lacks Jurisdiction Over Plaintiffs Frivolous Allegations The United States Supreme Court has stated that a court may dismiss a claim as factually frivolous “only if the facts alleged are ‘clearly baseless,’ a category

Graves v. Secretary of Dept. of Health & Human Services

101 Fed. Cl. 310 · United States Court of Federal Claims · Jul 5, 2011

It is established that Prevnar vaccine can contribute to this type of injury. Prevnar is established as causing this type of injury and, in this case, it is also my belief that the vaccine did cause this injury. … This is clearly documented in Vezzani exhibit 28. There is no evidence of this phenomena in humans. (Resp’t’s Ex. T at 6, EOF No. 133-1; see also Resp’t’s Ex. O. ECF No. 108.)

Trebotich v. Commissioner

57 T.C. 326 · United States Tax Court · Dec 9, 1971

Before discussing these questions, the possibility that the 1966 agreement established a qualified profit-sharing plan will be examined. … Clearly, if the employers merely accumulated the funds in reserve accounts established and controlled by them, the arrangement would not constitute the funding of a qualified plan. Reginald H.

VILLARREAL-ZUNIGA

23 I. & N. Dec. 886 · Board of Immigration Appeals · Jul 1, 2006

The Immigration Judge denied the motion to continue for failure to establish good cause, and he determined that the adjustment application was untimely filed and therefore deemed abandoned. … Therefore, even if the respondent’s 1990 visa petition remained valid, he is no longer qualified to receive benefits as the beneficiary of that petition.

North Dakota Wheat Commission v. United States

342 F. Supp. 2d 1319 · United States Court of International Trade · Jul 29, 2004

that it waives such immunity. … Finally, plaintiffs fail to establish that they acted diligently. Cf. Former Employees of Sonoco Products Co. v. Elaine Chao, 27 CIT __, 273 F.

Highland Merchandising Co. v. Commissioner

18 T.C. 737 · United States Tax Court · Jul 8, 1952

; (4) it has failed to- establish what would constitute a fair and just amount representing normal earnings to be used as a constructive average base period net income. … The use of a method of accounting by the taxpayer and its acceptance by the Commissioner may be taken to indicate that it clearly reflects its taxable income for a particular period.

Meyer Corp., U.S. v. United States

2016 CIT 18 · United States Court of International Trade · Feb 23, 2016

However, “[a] claim of deliberative process privilege, even when properly established, is not absolute[; t]he deliberative process privilege is qualified, requiring the court to balance the interests of the parties for … To the extent the plaintiff disagrees with Customs’ analysis and denial of its protest, the burden is on the plaintiff to establish its entitlement to first-sale and GSP treatment in accordance with the facts and law established

Schroerlucke v. United States

100 Fed. Cl. 584 · United States Court of Federal Claims · Sep 21, 2011

Essentially, section 7422(a) functions as a waiver of the government’s sovereign immunity in tax refund suits. Chicago Milwaukee Corp. v. … When waiver legislation contains a statute of limitations, the limitations provision constitutes a condition on the waiver of sovereign immunity. Block v. North Dakota ex rel.

Aureus Asset Managers, Ltd. v. United States

United States Court of Federal Claims · May 26, 2015

In 1996, amendments to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1605A, lifted Libya’s sovereign immunity for its state sponsorship of terrorism. Id. ¶ 25. … Thus, the Court declines to give weight to these cases in determining what qualifies as property under the Takings Clause.

Epstein v. Commissioner

70 T.C. 439 · United States Tax Court · Jun 13, 1978

The corporation established a pension plan for the benefit of certain qualified employees which became effective on February 1, 1965. … That case is, therefore, clearly distinguishable.

BEDI

11 I. & N. Dec. 802 · Board of Immigration Appeals · Jul 1, 1966

Since his education was not clearly equivalent to a baccalaureate degree in engineering conferred by an accredited college or university in the United States, the evidence of his educational qualifications was referred to … Examination of the evidence establishes that the beneficiary is qualified for work involving a high degree of skill.

Talley v. Commissioner

20 T.C. 715 · United States Tax Court · Jun 30, 1953

employed in keeping the books of the taxpayer, or “if the method employed does not clearly reflect the income.” … The evidence clearly establishes that neither of those qualifying conditions existed here and we do not believe respondent seriously contends otherwise.

Hayes v. United States

95 Fed. Cl. 491 · United States Court of Federal Claims · Nov 18, 2010

The Tucker Act establishes a waiver of sovereign immunity but does not itself create a substantive right to recover damages. Instead, a plaintiff must identify a money-mandating provision as the basis of his claim. … However the words of the statute are unambiguous and clearly do not give the authority to limit the waiver to consideration only purposes. It is either on or off.” Pl.’s Mot. 5-6.

Timken Co. v. United States

15 Ct. Int'l Trade 87 · United States Court of International Trade · Mar 7, 1991

Thus, while the jurisdictional basis for Timken’s claims is clearly provided by 19 U.S.C. § 1516a(a)(2), intervenor’s crossclaims must also establish a proper jurisdictional basis. … However, here intervenor’s crossclaims clearly come too late.

Kane County, Utah v. United States

127 Fed. Cl. 696 · United States Court of Federal Claims · Aug 12, 2016

The amendments to the PILT Act in 2008 were clearly intended to achieve that result, but the later-enacted language of the Taxpayer Relief Act of 2012 includes the “notwithstanding” language described above. … The discussion above establishes that normally, later expressions of Congress will control.